[1]
Prior legislation: Ords. 06-271, 09-317, 14-411, 14-421, 15-447, 19-542.
A. 
All new/proposed structures and uses that are located on property within 300 feet of an existing available sanitary sewer main and generate wastewater shall be required to extend the sanitary sewer main and connect to the sanitary sewer utility in a manner consistent with the GSP. The horizontal distance shall be measured along a straight line from the existing sanitary sewer to the subject structure's closest property line. If the subject property is not fully fronted by a sewer, the owner, as a condition of sewer service, shall be required to extend the city's sewer to and across one full side of the property in accordance with the GSP. Nonrectangular and corner lots may be required to extend the sewer along two or more full sides as determined by the director.
B. 
All existing structures that are located within 300 feet of an existing available sanitary sewer main served by an OSS that has failed (as defined by TPCHD), or requires a permit from the TPCHD to repair the OSS for continued operations, shall be required to extend the sanitary sewer main and connect to the sanitary sewer utility in a manner consistent with the GSP. The horizontal distance shall be measured along a straight line from the existing sanitary sewer to the subject structure's closest property line.
C. 
Private Developer Extensions. If a new sanitary sewer main is installed by a private developer, and it is fronting a parcel with an existing structure served by an OSS, then the existing structure shall be required to connect to said sanitary sewer main:
1. 
Prior to any city permit approval that would result in increased use of the existing OSS beyond its currently approved capacity;
2. 
Prior to any city permit approval for any reclassification of use for the existing structure (e.g., from residential to non-residential);
3. 
If the existing OSS requires a permit from the TPCHD for repair to maintain its function; or
4. 
If the existing OSS is failing as defined by the TPCHD.
D. 
City Capital Improvement Extensions. If a new sanitary sewer main is proposed for installation by the city, and it is fronting any parcels with existing structures served by an OSS, then the city must conduct a public noticing and engagement process with impacted property owners prior to any construction. Upon installation, the existing structures shall be required to connect to said sanitary sewer main as follows:
1. 
The existing OSS shall be assigned an age based on the date of the last permitted activity in TPCHD records, such as evidence of a completed installation or repair permit.
2. 
The existing structure served by said OSS will not be required to connect to the new sanitary sewer main until the OSS's age is at least 15 years.
3. 
Once the age of said OSS reaches 15 years, existing structures must connect to the sanitary sewer within 180 days.
4. 
Regardless of the conditions above, existing structures must connect to the new sanitary sewer if the conditions listed under subsection B of this section are met.
(Ord. 26-0709, 5/12/2026)
A. 
Purpose and Objective. To allow for residential development up to the maximum density allowed by the underlying zoning district, dry sewer lines may be required as part of a proposed subdivision. The objective is to provide adequate public facilities and services concurrent with development, ensuring that the creation of lots, the locations of easements, road dedications, structures, wells, and septic drainfields are consistent to permit future infill at urban densities. Unless otherwise exempt per subsection B of this section any proposed subdivision located more than 300 feet from the nearest existing available sanitary sewer must install dry sanitary sewer facilities. The horizontal distance shall be measured along a straight line from the existing sanitary sewer facilities to the proposed subdivision's closest property line.
B. 
Exemption. Dry sanitary sewer facilities may not be required for a subdivision, as determined by the Public Works Director, if all of the following conditions apply:
1. 
As currently programmed in the GSP and Comprehensive Plan, it would be very unlikely that the proposed subdivision would be connected to the sanitary sewer system within 20 years of dry sewer line installation;
2. 
All lots within the subdivision shall be connected to the sanitary sewer system at the time a sewer line is installed adjacent to the proposed subdivision; and
3. 
The subdivision includes a no objection to sewer clause.
C. 
Standards. All required dry sewer lines shall be installed per the adopted Design and Construction Standards. When dry sewer lines are provided, the proposed subdivision may create the maximum number of lots permissible through the underlying zoning district's maximum density and/or minimum lot area requirements. Any lots proposed in excess of the density and/or lot area permitted with on-site septic systems shall not be built upon until the dry sewer facilities and all of the lots in the subdivision are connected to an available sanitary sewer line, pursuant to EMC § 16.01.125.
(Ord. 26-0709, 5/12/2026)
Other than those proposed in the GSP, new sewage pump stations shall be prohibited unless the director finds there is no reasonable alternative. Pump stations shall be designed and constructed in conformance with the Design and Construction Standards, this title, the Orange Book, and the Standard Specifications. Pump stations shall be designed and constructed to minimize operation and maintenance costs and employee exposure to health and safety hazards. Permanent on-site electric generators, with power generation adequate for full function of the pump station, shall be installed at every city sewage pump station. Any force main serving a city-owned pump station shall discharge into a manhole and not directly into another force main or gravity sewer pipe.
(Ord. 26-0709, 5/12/2026)
The design plans and specifications for sewer system extensions and connections shall be prepared in accordance with the Design and Construction Standards, this title, the GSP, the Orange Book, and the Standard Specifications.
(Ord. 26-0709, 5/12/2026)
All sewer system easements shall be in a form as provided and approved by the city. The city must review and approve all easements prior to execution, and written acceptance by the city is required prior to recording the easement. The director may, in their sole discretion, waive any of the easement requirements set forth in the Design and Construction Standards upon the director's written determination that such waiver would not adversely affect the city's interests.
(Ord. 26-0709, 5/12/2026)
All construction shall be in conformance with the Design and Construction Standards, this title, the GSP, the Orange Book, and the Standard Specifications. Contractors shall have a current and valid state of Washington contractor's license and a city business license. Construction shall not commence until a preconstruction conference, meeting the requirements set forth in the Design and Construction Standards, has occurred and applicable permit(s) have been issued.
(Ord. 26-0709, 5/12/2026)
Nonemergency sewer system extension projects constructed with public funds shall first be identified in the GSP and included in the city’s CIP. Such projects shall be paid for with connection and/or rate charges from users of the sewer system together with any grants and loans that may be obtained.
(Ord. 26-0709, 5/12/2026)
In the event that a receiving jurisdiction is not able or willing to administer the extension of the city’s sanitary sewer system on the city’s behalf, the city may directly contract with owners of real estate in the city for the construction of sanitary sewer facilities as provided in Chapter 35.91 RCW and below. When the city is directly administering the system extension, the agreement shall be subject to all of the following:
A. 
Application and Contract. The application and contract shall contain, at a minimum, all of the following:
1. 
Name, mailing address, email address and telephone number of the owner.
2. 
Legal description of owner's property as well as the street address, if any, and the tax account number.
3. 
The project location shall be given in words and shown on a map.
4. 
The project description in words.
5. 
Duties of the owner.
6. 
Duties of the city.
7. 
Sewer capacity reservation.
8. 
The term of the system extension agreement.
9. 
Conditions of acceptance.
10. 
Signatures of the owner and mayor.
11. 
Reference to the council resolution authorizing the contract.
12. 
Notary forms.
13. 
Attachments:
a. 
Legal description(s).
b. 
The plans and specifications.
c. 
Copies of fully executed third party easements.
d. 
A completed calculation sheet for fees and charges.
e. 
Proof of signature authority.
f. 
A reimbursement agreement, if approved by the council.
B. 
Owner. Only an owner of real estate within the city may enter into a system extension agreement with the city.
C. 
Plans and Specifications. The plans and specifications, as approved by the director, shall be a part of and incorporated into the system extension agreement by reference. Plans and specifications may be prepared and submitted for approval after the system extension agreement is approved.
D. 
Easements. When sewer system improvements are planned on or across property of the owner, and outside of dedicated rights-of-way or other city sewer easements, the owner shall grant easements, meeting the requirements of EMC § 11.35.060, for such improvements in favor of the city.
E. 
Third Party Easements. When sewer system improvements are planned on or across property other than that of the owner, and outside of dedicated rights-of-way or other city sewer easements, the owner shall obtain easements for such improvements in favor of the city. Such easements shall meet the requirements set forth in EMC § 11.35.060 and be obtained prior to city execution of the agreement.
F. 
Term. The term for a system extension agreement shall be one year. The term may be extended for one additional year upon written application by the owner. Further extensions of six months each may be granted by the director upon a showing of reasonable progress of the project.
G. 
Sewer System Capacity. A system extension agreement will be approved only if there is adequate reserve capacity available for the project. Sewer system capacity will be reserved, as set forth in EMC § 11.30.080, only upon a complete project application. The project application will be deemed complete for the purposes of sewer system capacity, relative to a system extension, upon approval of the system extension agreement by the council.
H. 
Fees and Charges. Pursuant to the fee schedule adopted under Chapter 3.35 EMC, the following fees and charges shall be paid to the city prior to approval of the system extension agreement:
1. 
Application Fee. The application fee shall cover the cost of administrative processing.
2. 
Plan Check Costs. The owner shall be required to pay the full costs of the city's consultant plus 10 percent for administration costs. The initial plan check costs shall be the estimated consultant costs plus 10 percent. In the event the plan check is performed by city staff, the plan check costs shall be the fee set by the council.
3. 
Inspection Costs. The owner shall be required to pay the full costs of the city's consultant plus 10 percent for administration costs. The initial inspection deposit shall be the estimated consultant costs plus 10 percent. In the event the inspection is performed by city staff, the inspection costs shall be the fee set by the council.
4. 
Mapping Fee. The mapping fee shall cover the costs of updating the city's GIS maps and maps for the reimbursement agreement record drawings.
5. 
Maintenance Bond Release Inspection Fee. Prior to releasing the maintenance bond, the city will inspect the improvements and restoration of the system extension. This inspection fee shall cover those costs.
6. 
Sewer Capacity Reservation Charge. The sewer capacity reservation charge provided for in EMC § 11.30.080 shall be a nonrefundable incremental payment toward connection charges.
I. 
Performance Bond. The owner shall provide the city with a performance bond, in the amount of 150% of the engineer’s estimate, for faithful completion of the improvements set forth in the system extension agreement within the prescribed time. The performance bond shall:
1. 
Be on a city-furnished form.
2. 
Be signed by an approved surety (or sureties) that:
a. 
Is registered with the Washington State Insurance Commissioner; and
b. 
Appears on the current Authorized Insurance List in the state of Washington published by the Office of the Insurance Commissioner.
3. 
Guarantee that the surety shall indemnify, defend and protect the city against any claim of direct or indirect loss resulting from the failure:
a. 
Of the owner, or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to faithfully perform the system extension agreement; or
b. 
Of the owner or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to pay all laborers, mechanics, contractors, subcontractors, material person, or any person who provides labor, supplies, or provisions for carrying out the work.
4. 
Reimburse the city for the costs of completing the work in the event the owner or the owner's contractor fails to do so within the terms of the system extension agreement.
5. 
Remain in full force and effect until released in writing by the city.
J. 
Insurance. The owner shall obtain and maintain in full force and effect, from the date of approval of the system extension agreement to the date of city acceptance, public liability and property damage insurance in accordance with Standard Specifications, Section 1-07.18, as amended by Chapter 1-99. A certificate of insurance shall be supplied to the city that shall include the city, contractor, and engineer as additional insured and be submitted with the system extension application and agreement prior to city approval.
K. 
Indemnification. The owner shall defend, indemnify and hold the city harmless from all claims, demands, losses, and liabilities to or by the contractor or other third parties arising from, related to, or connected with services performed, or to be performed, under or associated with this agreement by the owner, the contractor, or other third parties, regardless of whether such claim or suit alleges, or another entity contends, that the contractor or other third party was independently or concurrently negligent. Said defense and indemnity obligations shall arise specifically, but not exclusively, with respect to any claim or suit arising out of circumstances where any employee or agent of the contractor suffers personal injuries during the performance of the work by the contractor, owner, or other third parties.
L. 
Inspection. Quality control is the responsibility of the owner. The city shall not be responsible to the owner nor assume any special duty for materials, workmanship or construction method used or incorporated into the project. The construction shall be subject to observation and inspection by city staff or its consultant. When work or materials are observed that do not meet the requirements of the plans and specifications, as approved by the city, the inspector shall issue a correction notice in writing to the owner’s field representative. Failure to take appropriate corrective action may result in a stop work order. Failure to correct faulty materials or workmanship may result in refusal by the city to accept the improvements or the city may stop work permanently and complete the work with its own contractor under the terms of the performance bond.
M. 
Completion of Work. Following establishment of substantial completion, the contractor shall notify the city and request final inspection in writing when the contractor considers the work physically complete. The city's inspector will prepare a punch list of required corrections that must be completed prior to physical completion. If the inspector finds that the work is not substantially complete, the contractor will be so notified and no punch list will be prepared until the work is substantially complete.
N. 
Maintenance Bond. Following completion of work and prior to city acceptance of the system extension, the owner shall provide the city with a maintenance bond warranting the system extension improvements in accordance with the Design and Construction Standards. The amount of the bond shall be 20% of the cost of construction, but not less than $5,000. The maintenance bond shall also guarantee that the surety shall indemnify, defend and protect the city against any claim of direct or indirect loss resulting from the failure of the owner or any of the employees, contractors, subcontractors, or lower tier subcontractors of the owner to pay all laborers, mechanics, contractors, subcontractors, material person, or any person who provides labor, supplies, or provisions for carrying out the work. The maintenance bond shall remain in effect until released by the city. Two years following acceptance, the city will inspect the improvements upon request by the owner and issue a correction notice, if necessary. Following acceptable correction of all deficiencies, if any, the city will release the maintenance bond in writing.
O. 
Acceptance. Acceptance of the improvements shall be by resolution of the council. It shall be the responsibility of the owner to deliver all of the following documents to the director. The director shall make a dated finding of completion, which shall be entered on said resolution, confirming that all the following have been received by the director. The council will not accept the system extension until the finding of completion has been made.
1. 
Complete test and video records demonstrating acceptable results.
2. 
Final inspection report, completed and signed by the inspector.
3. 
The owner shall cause the design engineer to prepare record drawings, which shall consist of a compilation of all the as-built information from the contractor and the inspector. One set of Mylar record drawings together with an electronic copy of medium and format, as defined in the Design and Construction Standards, shall be delivered to the director.
4. 
Five complete sets of operation and maintenance manuals as may be defined and required in the special provisions of the approved construction documents.
5. 
All required easements, fully executed and recorded, and copies of all temporary easement restoration releases.
6. 
Washington State Department of Revenue certificate showing that all contract-related taxes have been paid (Chapter 60.28 RCW).
7. 
A certificate of payment, signed by the contractor and notarized, that all project employees, suppliers and subcontractors have been paid in full, and that the project is free of liens. In the event that a lien or liens have been filed, copies of the lien releases shall be attached to the certificate of payment.
8. 
The owner shall provide a written warranty guaranteeing all equipment, materials, and workmanship to be free of defects for a period of two years from the date of completion.
9. 
Maintenance bond.
10. 
Bill of sale, as described in the Design and Construction Standards, transferring the improvements to the city without cost in compliance with RCW 35.91.020.
11. 
Full payment of all fees and charges.
(Ord. 26-0709, 5/12/2026)